Section 19F(5)

In proceedings for an offence under subsection (1)(d), it is a defence for the person accused to prove that the person believed and had reasonable grounds for believing— that the building referred to in sub-paragraph (i) of that subsection was not one to which the smoke control order in question applied, or that the fuel was acquired for use in— a fireplace that was, at the time of the delivery,‍‍ an exempt fireplace, or a boiler or plant to which the smoke control order did not apply.

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Source: legislation.gov.uk · retrieved 2026-07-30